Sound Of Mind Coursework Example

Name
Institution
Course
Date
Sound of Mind
Definition of sound mind
Sound mind refers to having the ability of an individual to understand, reason, think for oneself. It can also be described as a comprehension of one’s behaviours and actions as well as a rational awareness of his/her possessions, family and their surroundings (Dukeminier and Sitkoff 50). Legally, adults are normally considered to be in the state of sound mind. However, in some instances, they can be rendered as not being in sound mind owing to severe damage to the brain or other serious incapacities. In most cases, sound mind is regarded a legal precondition before signing or writing legal document especially a will (Dukeminier and Sitkoff 52).
Determining if the client had a sound mind
The attorney should determine if the client is of sound mind before writing a will or making other critical decisions. Importantly, the legal advisor should assess that the client is in the right state of mind and has the capacity to articulate their wishes in various legal affairs (Dukeminier and Sitkoff 53). In the estate-planning process, the attorney should ask standardized questions meant to confirm the capacity. Testamentary capacity is tested in each of the estate planning issues and verification is normally arrived at while discussing with the client. The attorney must make further inquiries at the initial sign that the customer intend to make. He/she should attempt to verify that forgetfulness is not an indication of a serious testamentary capacity (Dukeminier and Sitkoff 55).

Outsiders for information
In case the client is believed to lack requisite sound mind to implement the estate planning process, it is important to look for conservatorship and guardianship. A conservator is an individual selected by the law court to assist in the management of client’s estate or property. Guardian is an individual selected by the family court and probate to deal with the individual affairs of an incapacitated individual (Dukeminier and Sitkoff 57). However, such persons may not be obtained because they potentially consume more time and are costly.
Assignment 2
The institution of Marriage continues to evolve
Article 1: Social Media and Divorce
The CBS article reported the association between the use of Twitter and a high number of family divorce, infidelity and relationship conflict. The study was conducted by the University of Missouri whose findings discovered that social media networks often contribute to problems in marriages (CBS NEWS 1). The research sought to determine whether Twitter users are at risk of relationship challenges with their spouses. Based on the result, the higher research participants used the Twitter account to reply, message or tweet their followers, the more they were likely to lead to misunderstandings with their spouses (CBS NEWS 1).
Such conflicts in most instances culminated in divorce, breakups, and cheatings. The findings also illustrated that all couples were at risk irrespective of the number of years, months, or days their relationship existed (CBS NEWS 1). Similar findings were exposed among the Facebook users in a previous study. therefore, social media play a major part in separation and relationship infidelity.
Article 2: 21st Century Marriage
The report indicated that currently, lower number of Americans is in matrimonial and the proportion of those who are satisfied is reducing (Stevens 1). Statistics highlighted that a population of 42 million persons above 25 years has never wedded suggesting that the US has a large percentage of single people than ever before. For instance, in the 1960s only 10 per cent of people above 25 years had never married compared to the current rate of 25 per cent. In addition, in 2012, only 53 per cent wished to get married relative to 61 per cent two years before (Stevens 1).
Therefore, the modern marriage is facing a series of challenges, which reduces the level of satisfaction among partners (Stevens 1). Some of the factors contributing to such problems include tough financial times, escalated cohabitation acceptance, and increasing median period for the first matrimony. Furthermore, there is increasing rate of divorce at the first and second marriage.
The scholars argued that it is important to rethink of the modern marriage. In this respect, matrimony should be designed to nurture healthier and healthier life. They should also personalize marriage and make it more flexible (Stevens 1). More importantly, it is crucial for partners to take their time in understanding and learning what other person is attempting to accomplish in life (Stevens 1). Meanwhile, they should assist each other achieve the best form.

Work cited
CBS NEWS. “Twitter Use Linked To Relationship Conflict, Infidelity And Divorce”. Cbsnews.Com, 2014, https://www.cbsnews.com/news/twitter-use-linked-to-relationship-conflict-infidelity-and-divorce/. Accessed 8 Mar 2018.
Dukeminier, Jesse, and Robert H. Sitkoff. Wills, trusts, and estates. Wolters Kluwer Law & Business, 2014.
Stevens, Heidi. “Reinventing Marriage For The 21St Century”. Chicagotribune.Com, 2014, http://www.chicagotribune.com/lifestyles/sc-fam-1014-rethinking-marriage-21st-century-20141007-story.html. Accessed 8 Mar 2018.